We have taken steps, but much remains to be done. Society as a whole, supported by laws, still has to work to convert normative equality between men and women into real equality. Work -life balance, comparable wages and the employment progression of women are still pending issues in many countries around the world.
But to face all the struggles, we must first know what the situation is in the different countries of the world. On Women’s Day we ask ourselves: Do you know your labor rights?
1st fight on Women’s Day: Labor equality
In general, all laws include equal access to work, the problem comes when making it effective.
Spain is still far from real equality
According to Spanish legislation, women and men must have the same opportunities to access training and their first job. But, general secretary of the National Confederation of Women in Equality points out, “The problem comes a few years later, at the time of professional promotion. That period usually coincides, moreover, with the time of being a mother”.
“The day that men and women renounce the same thing to develop personally and professionally, we will have achieved equality, but the truth is that at this moment it is women who mostly conjugate the verb ‘to renounce'”.
This expert acknowledges that progress has been made in terms of equality in the country, but it is still far from real equality. “Discrimination against women continues to be latent. Despite the fact that the Equality Law approved now 11 years ago obliges companies with more than 250 employees to implement equality plans, in practice, there are no mechanisms to measure their application or their results”. As long as companies do not comply with the legislation, the objectives cannot be achieved.
Initiatives, in which all references to personal information such as the person’s name, sex or age are suppressed; or different business support programs for women, try to fight for more equal treatment in the labor market.
Inequalities in access to work in Argentina
In Argentina, women still have to face inequalities in access to the labor market and the conditions of their jobs. As a researcher, points out, “the data shows that women have a lower activity rate (48% women vs. 72% men and we also suffer to a greater extent unemployment, under-employment and informality. This is due to many reasons, but the main one is the unequal distribution of care tasks that fall mostly on us”. Women take care of their own care, but also that of people with disabilities, taking care of the house, etc. Stay and rise in position.
In Argentina, “there is no equality at work, neither normative equality nor substantive equality“. And to the discriminatory regulations, we must add the unconscious biases that harm women by preventing them from enjoying the same working conditions as their colleagues. “These cultural barriers are more invisible than regulatory ones, but they can be just as powerful.”
Discrimination against women in the workplace has a difficult solution unless stimulating measures are implemented, since the current ones are insufficient, according to this expert.
In Peru there are still stereotypes
“In recent times, women’s opportunities are almost comparable to those of men. There is still a marked paternalistic culture, but the training and specialization of Peruvian women has advanced extraordinarily in recent years, which has led them to gain positions.”
On Women’s Day, it must be remembered that, despite the advances, the Equal Opportunities Law has not yet managed to completely eliminate the gaps and stereotypes of women and men. Work is being done so that women can enjoy the same conditions as men in the labor market, the question to be asked is whether it is enough.
2nd fight on Women’s Day: Equal pay
Something more than a wage gap in Spain
In Spain there is a gap that goes beyond the difference in wages between women and men. Under 14.9% less than women earn for a gross hour of work, there is a large social gap.
“Among these causes is, for example, that the sectors in which women are concentrated tend to be lower paid than those in which men are concentrated; that stereotypes about the role of men and women in society persist and, by extension, about whether they should be in the labor market or at home.”
The difference in salaries in Argentina
Argentine women also face a worrying wage gap that stands, on average in recent years, at 27%. The causes of this discrimination when it comes to receiving salary are the consequence of two deep-rooted social habits.
“Partly because the labor market is highly segregated horizontally, with women in service sectors and sectors linked to care (such as domestic service, education and health). These ‘feminized’ sectors have lower average wages than others such as industry, technology or finance. On the other hand, it also affects that the burden of care on women conditions them to work fewer hours in the market, in more precarious and informal jobs and in lower-ranking positions than men (vertical segregation)”.
In Peru, there is also a wage gap
Despite the fact that there are more women leaving the university (56.3% of women compared to 49.4% of men according to the National Institute of Statistics and Informatics in 2016), there is still a salary difference between women and men. In the public sector this difference stands at 16% and in the private sector at 29%.
3rd fight on Women’s Day: Being a working mother
Maternity and work in Spain
When a Spanish woman is asked in a job interview if she is a mother or if she has plans to become one in the future, the Organic Law 3/2007 is being violated.
In addition, there are other regulations that protect pregnant women to prevent them from being fired for the fact that they are expecting a child.
Protection for pregnant women in Argentina
In Argentina, it is also common for interviewers to ask women about their personal lives, a question that men are not asked. Although many respond out of fear of losing the job opportunity, there is no obligation to disclose this information. This expert explains that it would be interesting to advance legislation that prohibits asking about marital status, number of children or maternity or paternity plans or race, a very appropriate fight for Women’s Day.
In addition, there is legislation to protect pregnant women. The Labor Contract Law details that “dismissals of women between the seven and a half months before and the seven and a half months after the birth are due to pregnancy or maternity, and therefore are covered by special compensation”. However, and as this expert also points out, this regulation does not apply to 50% of women, who work as self-employed or in informal jobs and, therefore, do not have this type of protection.
Access to work while pregnant in Peru
In Peru, when a woman becomes pregnant, she is protected by different regulations. For example, the mere fact of being a woman or of being a mother can condition access to employment or contract renewal. However, the norm does not indicate that the employer is prohibited from asking the woman if she is pregnant or if she will want to become pregnant in the future.
4th fight on Women’s Day: maternity leave
Maternity leave and leave of absence in Spain
Maternity leave in Spain is 16 weeks, which can be extended in the case of multiple births. On the other hand, and although changes are expected for the coming years, paternity leave stands at 4 weeks. In addition, the law allows the mother to give up to a maximum of 10 weeks of leave to the father, as long as the first 6 weeks after her delivery are enjoyed by her. There is also lactation permission so that the mother can breastfeed her child.
Although both men and women can take leave to care for their child, it is the majority of women who request it. “In 2017, 55,133 leaves of absence for family care were registered, of which 49,934 corresponded to requests submitted by women and only 5,199 by men.” This is due to the social perception that is still preserved in which women take care of others.
As a consequence, “women who decide to become mothers face the threat of being unemployed, part-time workers and the glass ceiling, an invisible and impenetrable obstacle that puts a stop to their professional careers,” says this specialist. This is a fight that should be raised on Women’s Day.
How many days are there sick in Argentina?
According to the Labor Contract Law, women have a 90-day maternity leave for being mothers, while men can only enjoy 2 days off. “Argentina is one of the countries in the region in which maternity leave is below the minimum floor of 98 days suggested by the International Labor Organization (ILO), and one of the countries where paternity leave is smaller. To reduce inequalities in the labor market, it is essential to reform the leave regime towards a model that promotes co-responsibility in care.”
In addition, although work is being done on it, this regulation does not provide specific days for check-ups and other medical tests that pregnant women have to undergo during management. These leaves are given informally or use days of sick leave. In this case, it must be borne in mind that pregnancy is not, in any way, a disease.
Maternity and lactation leave in Peru
The situation of paternal leave is not much more splendid in Peru where men only have 4 working days to become fathers. On the other hand, women enjoy 98 days of maternity leave. In addition, there is the possibility of taking a breastfeeding leave under which the woman has one hour within her working day to breastfeed her child until it is one year old.
What to do if your labor rights are violated because you are a woman?
Who to go to in Spain?
Spanish women whose labor rights are not being respected can go to the Institute for Women and Equal Opportunities, which offers information and advice. Other groups such as Women in Equality are undertaking projects to fight for the prevention of workplace harassment.
Who helps you in Argentina?
“In the event that a woman suffers a violation of her rights in the workplace, she can go to different instances to make the claim, such as the Office of Advice on Workplace Violence (OAVL) of the Ministry of Labor, Employment and Social Security of the Nation, or the National Institute against Discrimination, Xenophobia and Racism (INADI). Both institutions, in addition to receiving complaints, offer support and advice services on violence and discrimination.”
Employment advice in Peru
In Peru, the Ministry of Labor has a labor supervision regime, which has a strategy on non-discrimination and the right to equal access to employment in the event that women’s labor rights are violated.
